Statutory Instruments 1998 No. 2515

Statutory Instruments 1998 No. 2515
The Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 - continued

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Oil systems for lubricating, heating, cooling and control
     58. - (1) In every ship in which oil is circulated under pressure for lubrication, heating or cooling or as the sole means of control of machinery essential for the propulsion or safety of the ship or persons on board, at least one pump shall be provided which shall be adequate for circulating such oil.

Additional requirements for ships constructed on or after 25th May 1980
    (2) Subject to paragraph (3) arrangements for the storage and distribution of flammable oils used in pressure systems in machinery spaces shall comply with paragraphs 3, 4, 5, 9 and 10 of Schedule 8 in Merchant Shipping Notice MSN 1699(M) as they apply to oil fuel installations except that sight flow glasses having an acceptable degree of fire resistance may be permitted.

    (3) Alternative arrangements to those specified in paragraph (2) may be permitted in machinery spaces, other than those of Category A, where it is clear that the safety of the ship is not impaired.

Machinery controls

Requirements for ships constructed on or after 1st September 1984
     59. - (1) Effective means shall be provided for the operation and control of main and auxiliary machinery essential for the propulsion and safety of the ship.

    (2) In every ship provided with remote control of the propulsion machinery from the navigating bridge the following provisions shall apply -

(a) the speed, direction of thrust and, if variable, the pitch of the propeller shall be fully controllable from the navigating bridge under any sailing condition including manoeuvring;

(b) the remote control from the navigating bridge shall be performed by a single control device for each independent propeller, and where necessary each such device shall be provided with means of preventing overload of the propulsion machinery: Provided that multiple propeller installations may be controlled by a single control device;

(c) propulsion machinery movements selected at the navigating bridge shall be indicated in the main machinery control room or at the manoeuvring platform as appropriate;

(d) the main propulsion machinery shall be provided with an emergency stopping device, located on the navigating bridge, which shall be independent of the controls otherwise required by this regulation;

(e) remote control of the propulsion machinery shall be possible from only one location at a time. Inter-connected control units may be permitted at such locations. There shall be provided at each location an indicator showing which location is in control of the propulsion machinery. Transfer of control between the navigating bridge and the machinery spaces shall only be possible from the machinery space or the main machinery control room. The control system shall be arranged so that the propeller thrust does not alter significantly when control is transferred from one station to another;

(f) means shall be provided to control the propulsion machinery locally in the event of failure of the remote control system;

(g) the design of the propulsion machinery remote control system shall be such that in the event of its failure an alarm will be given and the pre-set speed and direction of thrust maintained until local control is in operation. This requirement need not be met if other essential features of the system design render compliance impracticable;

(h) indication shall be given on the navigating bridge of -

(i) the number of automatic and consecutive attempts which fail to start any internal combustion propulsion engine shall be limited so as to maintain sufficient air pressure for further attempts under local control; and

(j) an alarm shall be provided on the navigating bridge and in the machinery space to indicate low starting pressure at a level which still permits main propulsion machinery starting operations.

    (3) Every ship provided with remote or automatic control of the main propulsion and its associated machinery, including the sources of main electric supply, enabling that machinery to be operated and supervised from a control room shall be as safe as if the machinery is under direct supervision.

    (4) Any automatic starting, operating or control systems shall be so designed that the failure of any part of such systems shall not prevent their operation manually.

Steering gear
     60. Every ship shall be provided with an efficient main and auxiliary steering gear in accordance with the specifications set out in Schedule 9 in Merchant Shipping Notice MSN 1699(M). If the size of the vessel or the complexity of the steering machinery warrants, the design of the steering gear should take into account, where practicable, the requirements of paragraph 10 to 15 and paragraph 17 of Schedule 9.

Ventilation systems in machinery spaces

Requirements for ships constructed on or after 1st September 1984
     61. Machinery spaces of Category A shall be ventilated so that an adequate supply of air is maintained for the safety and well-being of personnel and the operation of machinery, including boilers, at full power in all weather conditions. Any other machinery space shall be adequately ventilated having regard in particular to the prevention of an accumulation of oil vapour under all normal conditions.

Protection against noise

Requirements for ships constructed on or after 1st September 1984
     62. - (1)

(a) Measures shall be taken to reduce noise levels in machinery spaces as far as is reasonable and practicable.

(b) On completion of a ship, noise levels in machinery spaces shall be measured when the largest number of machines that operate simultaneously in service are working at their normal service loads.

(c) Measurements taken during sea trials at the maximum ahead service speed of the ship will be acceptable as providing the necessary figures.

(d) The equipment and procedures for measuring and recording noise levels in machinery spaces shall generally be in accordance with the provisions of the publication "The Code of Practice for Noise Levels in Ships" published by Her Majesty's Stationery Office (published 1978).

    (2) Noise levels in machinery spaces shall not exceed 110 dB(A) provided that under such conditions as may be specified, higher noise levels may be permitted, having regard to the size of ship and the type of machinery installed.

    (3) Any machinery space in which the noise level exceeds 90 dB(A) and which is required to be manned shall be provided with a designated refuge from noise.

    (4) Every entrance to a machinery space in which the noise level exceeds 85 dB(A) shall be provided with a warning notice comprising a symbol complying with British Standards Institution specification number BS 5378:1980 and a supplementary sign stating "High Noise Levels - Use Ear Protectors." Sufficient ear protectors shall be provided for use in such spaces.

PART IX
MISCELLANEOUS REQUIREMENTS
Guardrails and stanchions
     63. - (1) In every ship bulwarks or guard rails shall be provided on every exposed deck to which any passenger or vehicles may have access. Such bulwarks or guard rails, together with stanchions supporting the guard rails shall be so placed, designed and constructed, and in particular shall be of such a height above the deck as to prevent any passenger who may have access to that deck or any vehicle from accidentally falling therefrom. Any freeing ports fitted in such a bulwark shall be covered by a grid or bars which will prevent any person from falling through the port.

    (2) In every open ship of Class V, VI or VI(A) every wash strake, covering board and coaming shall be so placed, designed and constructed and shall be of such a height above the floorboards as to prevent any person from accidentally falling overboard.

Anchor handling equipment, anchors and chain cables
     64. Every ship shall be provided with anchor handling equipment, together with such anchors and chain cables as are sufficient in number, weight and strength, having regard to size and intended service to the ship. This equipment shall be tested and certified by the Certifying Authority.

Hawsers and warps
     65. Every ship shall be provided with such hawsers and warps as are sufficient in number and strength, having regard to the size and intended service of the ship.

Gas welding, flame cutting and domestic fuel installations
     66. In every ship constructed on or after 1st September 1984 every gas welding, flame cutting or domestic gaseous fuel installation shall be designed, constructed and installed so that the safety of the ship and of the persons on board is not impaired.

The use of asbestos
     67. In every ship constructed on or after 1st September 1984 asbestos or any material containing asbestos shall not be installed in any part of the ship.

PART X
MISCELLANEOUS REQUIREMENTS FOR SHIPS WITH SPECIAL CATEGORY OR RO-RO CARGO SPACES
Application
     68. This Part applies to ro-ro passenger ships.

Access opening indicator lights
     69. -

Supplementary emergency lighting
70. - (1)

(a) In addition to the emergency lighting required by Part VII of these Regulations, all passenger public spaces and alleyways shall be provided with supplementary electric lighting that can operate independently of the main and emergency and transitional sources of electric power for at least three hours when the ship is listed up to 90 degrees.

(b) The illumination provided shall be such that the approach to the means of escape from the space can be seen.

(c) The source of electric power for the lighting shall be accumulator batteries located within the lighting unit that are continuously charged, where practicable, from the emergency switchboard whilst the ship is in service.

(d) The lighting shall be of the maintained type so that any failure of the lamp will be immediately apparent.

(e) The accumulator batteries shall be replaced in accordance with the service life established by the manufacturer having regard to the ambient temperature to which they are subject in service.

(2) A portable rechargeable battery-operated hand lamp shall be provided in every crew space alleyway, recreational space and every working space which is normally occupied unless supplementary emergency lighting as required by paragraph (1) is provided.

Television surveillance
71. A television system shall be installed which shall be capable of transmitting reliable information to the navigating bridge on the condition (including position) of bow doors, stern doors or any other cargo or vehicle loading doors which if left open or not properly secured could lead to major flooding of a special category space or ro-ro cargo space. Special category spaces and ro-ro cargo spaces shall be continuously patrolled or shall be monitored by a television surveillance system during any voyage so that movement of vehicles in adverse weather or unauthorised entry by passengers can be observed. The system monitors shall be placed at a location that is continuously manned whilst the ship is underway.

PART XI
EQUIVALENTS, PENALTIES, DETENTION ANDINVALID STABILITY INFORMATION
Alternative construction, equipment and machinery
72. - (1) Where these Regulations require that the hull or machinery of a ship shall be constructed in a particular manner, or that particular equipment shall be provided, or particular provision shall be made, the Secretary of State may approve the hull or machinery of the ship to be constructed in any other manner or any other equipment to be provided or other provision made, if he is satisfied by trial thereof or otherwise that other construction or equipment or other provision is at least as effective as that required by these Regulations.

(2) For the purposes of these Regulations, the results of a verification or test shall be accepted if the verification or test is carried out -

Penalties
     73. - (1) If a ship proceeds or attempts to proceed on any voyage without complying with the requirements of these Regulations other than the requirement of regulations 18(2) and (3), 20 and 25, the owner and master of the ship shall each be guilty of an offence for each case of non-compliance and liable on summary conviction to a fine not exceeding the statutory minimum or, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

    (2) Any contravention of regulation 20 or 34(2) shall be an offence on the part of the owner and any contravention of regulation 34(3), (4), (5) or (6)(b) shall be an offence on the part of the master. Any such offence shall be punishable on summary conviction by a fine not exceeding the statutory maximum or, on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both.

    (3) Any contravention of regulation 34(4)(a) by an officer appointed in accordance with that regulation shall be an offence punishable on summary conviction by a fine not exceeding level three on the standard scale or on conviction on indictment by a fine.

    (4) Any person who fails to carry out an inspection which he has been appointed by the master to carry out under regulation 18(2) or (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

    (5) It shall be a defence to a charge under these Regulations to prove that the person charged took all reasonable steps to avoid commission of the offence.

Power to detain
     74. In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that as if for the words "this Act" wherever they appear, there were substituted "the Merchant Shipping (Passenger Ship Construction: Classes III to VI(A)) Regulations 1998."

Invalid stability information
     75. - (1) After any survey required by these Regulations of any new or existing United Kingdom passenger ship to which these Regulations apply has been completed and a Passenger Ship Certificate has been issued, the Secretary of State may cancel such certificate if the ship has not carried out a survey as specified in regulation 31(2).

    (2) If at any time the stability information supplied to the master is found to be invalid the Secretary of State may withdraw such certificate until new and valid stability information is supplied.

Signed by the authority of the Secretary of State

Glenda Jackson
Parliamentary Under-Secretary of State Department of the Environment,Transport and the Regions

8th October 1998

EXPLANATORY NOTE

(This note is not part of the Regulations)

     1. These Regulations replace the Merchant Shipping (Passenger Ship Construction) Regulations 1980 and the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984, and their amendments, so far as they related to ships of Classes III to VI(A). They also replace a number of other Regulations relating to the Construction of Passenger Ships. They implement in part EC Directive 94/57/EC (common rules and standards for ship inspection and survey organisation and for the relevant activities of maritime administrations (regulation 5).

     2. The Regulations contain requirements for ships of Classes III to VI(A) of all dates of construction. A number of details of technical requirements are now contained in a Merchant Shipping Notice.

     3. The principal changes from previous Regulations are -

(b) implementation in part of EC Directive 94/57/EC with respect to approved standards (regulation 5).

     4. The Regulations enable the Secretary of State to authorise persons to act as Certifying Authorities for the purpose of the Regulations. Currently so authorised are Lloyd's Register of Shipping, the British Committee of Bureau Veritas, the British Committee of Det Norske Veritas, the British Committee of Germanischer Lloyd, the British Committee of Registro Italiano Navale and the British Technical Committee of the American Bureau of Shipping.

     5. A compliance cost assessment has been prepared and copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has been placed in the library of each House of Parliament.

     6. Merchant Shipping Notices are obtainable from EROS Marketing Support Services, Delta House, the Imber Court Business Park, Orchard Lane, East Molesey, Surrey KT8 0BN (Telephone number 0181 957 5028). British or International Standards are obtainable from the British Standards Institution, 389 Chiswick High Road, London W4 4AL and the Institute of Electrical Engineers Regulations from the Institute at Savoy Place, London WC2.

ISBN 0 11 079684 5

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